Kephart v. Continental Casualty Co.
North Dakota Supreme Court
Appeal from District Court, Wells County; Burke, J. Action by Mary Kephart against the Continental Casualty Company. From a judgment for plaintiff and an order denying a new-trial, defendant appeals. In the absence of a statute a policy may limit the time for suit: thereon. Kiisel v. Mutual Reserve Life Ins.
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Appeal from District Court, Wells County; Burke, J. Action by Mary Kephart against the Continental Casualty Company. From a judgment for plaintiff and an order denying a new-trial, defendant appeals. In the absence of a statute a policy may limit the time for suit: thereon. Kiisel v. Mutual Reserve Life Ins. Co., 107 N. W. 1037;: 38 Cent". Digest, see Insurance 1545. Contract is 'completed at the place and when the proposals of one party are accepted by the other. 1 May on Ins. (4th Ed.) section 43, 66; Marden v. Hotel Owners Ins. Co., 53 N. W. 509. Where a policy is riot binding until…
1ConcurrenceSpalding, J.
(concurring specially.) I concur in the result, but express no opinion as to the necessity of alleging and proving the law of Illinois. In view <jf the conclusion that the law of this state governs, I see no necessity for passing on the effect of failure to allege or prove the law of that state.
2Cited by1 opinion
- Kephart v. Continental Casualty Co.North Dakota Supreme Court · 1908